The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com

Friday, February 02, 2018

Reality Winner's detention upheld

The 11th Circuit Court of Appeals affirmed Wednesday a district court’s order keeping accused National Security Agency leaker Reality Winner behind bars pending trial.
A federal appellate panel ruled 3-0 to uphold a lower court’s ruling detaining Ms. Winner, 26, effectively seeing she remains jailed until her leak case is heard likely later this year.Ms. Winner
was arrested in June 2017 in Augusta, Georgia, and subsequently charged
in connection with sharing classified material obtained while employed
at Pluribus, an Atlanta-based contracting firm, and ordered held until
trial.
Defense attorneys had sought to secure Ms. Winner’s
release from jail prior to court proceedings starting, but the 11th
Circuit quashed that bid by upholding a lower court’s pretrial detention
order, citing the likelihood of the accused fleeing the country.
“[T]he district court did not err in finding by a preponderance that Ms. Winner
is a flight risk and that no condition or combination of conditions
will reasonably assure her appearance,” the appellate panel wrote in the
5-page ruling affirming the detention order.

G-d help us all if we have to be judged by the arguments we have to present on behalf of unpopular clients or positions. Should AUSAs be proud when they lock up some poor illiterate fisherman for 12 or more years for hopping on a boat with Cocaine because he was offered 2 or 3 years worth of salary to feed his children? If they are, they are sick. Should I be thrilled when I successfully argue to get an armed career offender acquitted of possessing a firearm that he would undoubtably use to rob or shoot somebody? No.

So, the guy wrote a stupid memo, seems he did the best he could by omission, but in reality it is not a terribly persuasive work. If you really want to hate on a lawyer, Yoo is worthy of animosity for helping to advance torture, not Patel for trying to do what all of us do....be an advocate .

LOL are you guys listening to yourselves? Since when are you fans of law enforcement? The memo is exactly what the FPDs do all day long....call cops liars with wherever evidence is available. Save your indignation...

The Southern District of Florida blog was started in 2005 by David Oscar Markus, who is a criminal trial and appellate lawyer in Miami, Florida. He frequently practices in federal courts around the country, including his hometown, the Southern District of Florida and the 11th Circuit Court of Appeals. He is a former law clerk to then-Chief Judge of the District, Edward B. Davis.